[Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)]
[Senate]
[Pages S3511-S3513]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6388. Ms. CORTEZ MASTO submitted an amendment intended to be 
proposed by her to the bill S. 4784, to authorize appropriations for 
fiscal year

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2027 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:
       At the end of subtitle E of title X, add the following:

     SEC. 1050. INNOVATIVE AND EMERGING BORDER TECHNOLOGY PLAN.

       (a) Short Title.--This section may be cited as the 
     ``Emerging Innovative Border Technologies Act''.
       (b) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Homeland 
     Security, acting through the Commissioner for U.S. Customs 
     and Border Protection (referred to in this section as 
     ``CBP'') and the Under Secretary for Science and Technology 
     of the Department of Homeland Security, and in consultation 
     with the Department of Homeland Security's Chief Information 
     Officer, Chief Procurement Officer, Privacy Officer, Officer 
     for Civil Rights and Civil Liberties, and General Counsel, 
     and any other relevant offices and components of the 
     Department of Homeland Security, shall submit a plan to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives for identifying, integrating, and 
     deploying new, innovative, disruptive, or other emerging or 
     advanced technologies that are safe and secure to enhance CBP 
     capabilities to meet its mission needs along international 
     borders or at ports of entry.
       (c) Contents.--The plan required under subsection (b) shall 
     include--
       (1) information regarding how CBP utilizes the CBP 
     Innovation Team authority under subsection (c) and other 
     mechanisms to carry out the purposes described in subsection 
     (b);
       (2) an assessment of the contributions directly 
     attributable to such utilization;
       (3) information regarding--
       (A) the composition of each CBP Innovation Team; and
       (B) how each CBP Innovation Team coordinates and integrates 
     efforts with the CBP acquisition program office and other 
     partners within CBP and the Department of Homeland Security;
       (4) the identification of technologies used by other 
     Federal departments or agencies not in use by CBP that could 
     assist in enhancing mission needs along international borders 
     or at ports of entry;
       (5) an analysis of authorities available to CBP to procure 
     technologies referred to in subsection (b);
       (6) an assessment of whether additional or alternative 
     authorities are needed to carry out the purposes described in 
     subsection (b);
       (7) an explanation of how CBP plans to scale existing 
     programs related to emerging or advanced technologies that 
     are safe and secure into programs of record;
       (8) a description of each planned security-related 
     technology program, including objectives, goals, and 
     timelines for each such program;
       (9) an assessment of the potential privacy, civil rights, 
     civil liberties, and safety impacts of these technologies on 
     individuals, and potential mitigation measures;
       (10) an assessment of CBP legacy border technology programs 
     that could be phased out and replaced with technologies 
     referred to in subsection (b), including cost estimates 
     relating to such phase out and replacement;
       (11) information relating to how CBP is coordinating with 
     the Department of Homeland Security's Science and Technology 
     Directorate--
       (A) to research and develop new, innovative, disruptive, or 
     other emerging or advanced technologies that are safe and 
     secure to carry out the purposes described in subsection (b);
       (B) to identify new, innovative, disruptive, or other 
     emerging or advanced technologies that are safe and secure 
     and that are in development or have been deployed by the 
     private and public sectors and may satisfy the mission needs 
     of CBP, with or without adaptation;
       (C) to incentivize the private sector to develop 
     technologies, including privacy enhancing technologies, that 
     may help CBP meet mission needs to enhance, or address 
     capability gaps in, border security operations; and
       (D) to identify and assess ways to increase opportunities 
     for communication and collaboration with the private sector, 
     small, and disadvantaged businesses, intra-governmental 
     entities, university centers of excellence, and Federal 
     laboratories to leverage emerging technology and research 
     within the public and private sectors;
       (12) information relating to how CBP is coordinating with 
     the Department of Homeland Security official responsible for 
     artificial intelligence policy to ensure the plan complies 
     with the Department's policies and measures promoting 
     responsible use of artificial intelligence;
       (13) information regarding metrics and key performance 
     parameters for evaluating the effectiveness of efforts to 
     identify, integrate, and deploy new, innovative, disruptive, 
     or other emerging or advanced technologies that are safe and 
     secure to carry out the purposes described in subsection (b);
       (14) the identification of recent technological 
     advancements relating to--
       (A) manned aircraft sensor, communication, and common 
     operating picture technology;
       (B) unmanned aerial systems and related technology, 
     including counter-unmanned aerial system technology;
       (C) surveillance technology, including--
       (i) mobile surveillance vehicles;
       (ii) associated electronics, including cameras, sensor 
     technology, and radar;
       (iii) tower-based surveillance technology;
       (iv) advanced unattended surveillance sensors; and
       (v) deployable, lighter-than-air, ground surveillance 
     equipment;
       (D) nonintrusive inspection technology, including non-X-ray 
     devices utilizing muon tomography and other advanced 
     detection technology;
       (E) tunnel detection technology; and
       (F) communications equipment, including--
       (i) radios;
       (ii) long-term evolution broadband; and
       (iii) miniature satellites;
       (15) information relating to how CBP is coordinating with 
     the Department of Homeland Security's Chief Information 
     Officer, Chief Technology Officer, Privacy Officer, Civil 
     Rights and Civil Liberties Officer, General Counsel, and 
     other relevant offices and components of the Department in 
     researching, developing, acquiring, or scaling new, 
     innovative, disruptive, or other emerging or advanced 
     technologies that are safe and secure; and
       (16) any other information the Secretary determines to be 
     relevant.
       (d) CBP Innovation Team Authority.--
       (1) In general.--The Commissioner for CBP is authorized to 
     maintain 1 or more CBP Innovation Teams to research and adapt 
     commercial technologies that are new, innovative, disruptive, 
     privacy enhancing, or otherwise emerging or advanced and may 
     be used by CBP--
       (A) to enhance mission needs along international borders 
     and at ports of entry; and
       (B) to assess potential outcomes, including any negative 
     consequences, of the introduction of emerging or advanced 
     technologies with respect to which documented capability gaps 
     in border security operations are yet to be determined.
       (2) Functions.--Each CBP Innovation Team shall--
       (A) operate consistent with the Department of Homeland 
     Security's and CBP's--
       (i) procurement and acquisition management policy; and
       (ii) policies pertaining to responsible use of artificial 
     intelligence; and
       (B) consult with the Officer for Civil Rights and Civil 
     Liberties and the Privacy Officer of the Department of 
     Homeland Security to ensure programs, policies, and 
     procedures involving civil rights, civil liberties, and 
     privacy considerations are addressed in an integrated and 
     comprehensive manner.
       (3) Operating procedures, planning, strategic goals.--The 
     Commissioner for CBP shall require each CBP Innovation Team 
     maintained pursuant to paragraph (1) to establish, in 
     coordination with other appropriate offices of the Department 
     of Homeland Security--
       (A) operating procedures, which shall include--
       (i) specificity regarding roles and responsibilities within 
     each such team and with respect to Department of Homeland 
     Security and non-Federal partners; and
       (ii) protocols for entering into agreements to rapidly 
     transition such technologies to existing or new programs of 
     record to carry out the purposes described in subsection (a);
       (B) planning and strategic goals for each such team that 
     includes projected costs, time frames, metrics, and key 
     performance parameters relating to the achievement of 
     identified strategic goals, including a metric to measure the 
     rate at which technologies described in subsection (a) are 
     transitioned to existing or new programs of record in 
     accordance with subparagraph (A); and
       (C) operating procedures that ensure each such team is in 
     compliance with all applicable laws, rules, and regulations 
     and with the Department of Homeland Security's policies 
     pertaining to procurement and acquisition management, 
     privacy, civil rights and civil liberties, and the 
     responsible use of artificial intelligence, including risk 
     assessments and ongoing monitoring to ensure accuracy and 
     reliability.
       (4) Annual report.--Not later than 180 days after the date 
     of the enactment of this Act and annually thereafter, the 
     Commissioner for CBP shall submit to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Homeland Security of the House of 
     Representatives information relating to the activities of the 
     CBP Innovation Teams, including--
       (A) copies of operating procedures and protocols required 
     under paragraph (3)(A) and planning and strategic goals 
     required under paragraph (3)(B);
       (B) descriptions of the technologies piloted by each such 
     team during the immediately preceding fiscal year, 
     including--
       (i) information regarding which such technologies are 
     determined to have been successful; and
       (ii) the identification of documented capability gaps that 
     are being addressed; and
       (C) information regarding the status of efforts to rapidly 
     transition technologies determined successful to existing or 
     new programs of record.
       (e) Cost-Benefit.--Before initiating the large-scale 
     deployment of any new technology contained in the plan 
     required under

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     subsection (b), the Secretary of Homeland Security shall 
     consider the costs and benefits to the Federal Government to 
     ensure that the deployment of such technology will provide 
     quantifiable improvements to border security.
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